Special report The phenomenon of racist violence in Greece and how it is combated Ombudsman: Calliope Spanou Deputy Ombudsman: Vassilis Karydis, George Moschos Senior Investigators: John Boutselis, Chryssa Hatzi, Calliope Lykovardi, Olga Lysandropoulou, Dimitra Mytilineou, Stamatia Papadimitriou, Maria Voutsinou Editing:Vassilis Karydis, John Boutselis, Chryssa Hatzi, Dimitra Mytilineou September 2013 Summary The present report includes the findings of the Ombudsman after the Independent Authority’s thorough probe into complaints submitted to the Greek Ombudsman during a 16-month period (January 1, 2012 to April 30, 2013), a probe which was combined with a study on the phenomenon’s characteristics as those ensue from the grouping of racist violence incidents recorded during that same time period by the Hellenic Police, the Press, and Non-Governmental Organizations (NGOs). The present report also takes into account the pertinent reports by international organizations and the proposals made by political bodies in response to a relevant invitation by the Greek Ombudsman. The report also evaluates the Police administration’s approach in combating racism and xenophobia. In a special chapter, the report records the manifestation of the phenomenon in schools and the manner in which the school administration has responded to it. The findings and the conclusions, together with the recommendations and proposals of the independent authority included in the present report aspire at providing the State with institutional safeguards so that it may effectively combat the deplorable phenomena of racist violence, phenomena which, regrettably, have been escalating both in number as well as in the intensity of the violence exercised, thus breaching social cohesion and peace and undermining the principle of equal human value and the foundations of the rule of law itself. More specifically: 1. Recording racist violence incidents The 281 complaints listed in 16 months and cross-checked with the mass media, the NGOs, and the Greek Ombudsman’s office, indicate that violence in the streets targeting those who are “different” on the basis of national or ethnic origin, 1 race, color, sexual orientation, and/or religion is a phenomenon that is palpable and ever intensifying. The incidents recorded in the present report are but the tip of the iceberg. Due to a variety of reasons, the majority of racist attacks are never reported; are reported but not recorded; or are recorded but not as racist attacks. The inaction and reluctance exhibited by police officers, the officers’ refusal to arrest perpetrators or record incidents and, the victims’ very own fear that they may be arrested or stigmatized, together with their conviction that they will not be vindicated, resemble communicating vessels. In any case, it is the classic case of invisible crime rate, largely induced by the stand and conduct exhibited by police officers and other state officials. It is characteristic that in areas where, by evidence and by the present report’s data, the phenomenon is particularly heightened –e.g., in a large part of downtown Athens- police stations record, at best, an exceptionally small number of incidents classified as perpetrated due to racist motives. The most striking example is that of the Omonia Square police station reporting that they have no evidence as to the existence of racist violence in their area! The Greek Ombudsman assesses that, from May 2012 on, the dramatic increase in the number of complaints for racist attacks and the escalating intensity of the violence used also reflects, among other things, the sociopolitical developments which allowed for the Golden Dawn Party to be represented in Parliament. The party is well-known for its nationalistic/racist, xenophobic and bigoted political rhetoric, unprecedented in severity and aggressiveness. Another area of concern are the race- motivated violent incidents perpetrated by older or newly established organized groups whose method of operation in specific areas is reminiscent of informal racist militia. Of grave concern are also testimonies corroborating the passive stand taken by members of the police force when faced with such incidents and their discernible reluctance to intervene timely or to conduct an effective investigation to find the perpetrators after the incident. Of greater even concern are allegations that police officers proceed to race-motivated and abusive use of violence. The Independent Authority assesses that it is imperative an in-depth investigation into the issue to be carried out so that any manifestation of racial prejudice or violence perpetrated by officials or through institutions of the Hellenic Republic may be combated drastically and immediately. What is more, the attempts at substituting state authority should be averted, especially when those assume the character of a systematic agenda. The Greek Ombudsman does not adopt the rhetoric which presumes that the presence of immigrants is linked with the alleged overall surge in the rate of serious crime. On the contrary, the Greek Ombudsman considers that public discourse of that kind fosters, and subsequently exploits, the observed “social panic” at the expense of members of vulnerable ethnic groups. Above all, it defames the country and the Greek citizens. According to the official data regarding crime, since 2012, the rate of serious crime has shown a decrease and the majority of perpetrators are not foreigners. With a view to combating xenophobia and reducing the fear of crime, the Greek Ombudsman considers that the contribution of local authorities is indispensable and crucial. Another main finding is the noteworthy discrepancy between the formal and informal recording of incidents: Police records fewer than 1/3 of the incidents (84 possibly race-motivated incidents in 2012) that the Greek Ombudsman has recorded and cross-checked as having taken place (253 incidents entailing obvious race- motivated attacks in the same year as per the complaints and testimonies). 2 The Greek Ombudsman signals that acknowledging the racist phenomenon is the first and indispensable step towards effectively combating it. It assesses that the prerequisite in safeguarding the right to safety of all individuals residing in our country, be they nationals or foreigners, is for the Police to record immediately, even on its own initiative (ex officio) the relevant incidents and investigate effectively the complaints regarding the exercise of racist violence. The Greek Ombudsman recommends that: a systematic, comprehensive system of recording incidents of racist violence be established, covering the whole country; instructions be issued by Police headquarters as to the probability of a racist motive underlying ordinary crimes; personnel in all Police stations be trained in order to combat any stereotypical prejudices so that no cases of indifference upon reception of complaints or inaction during attacks take place; the Police cooperate with the Greek Ombudsman, the immigrant communities, and the NGOs active in issues of combating racism so that victims may be encouraged to approach the official authorities. The Greek Ombudsman also recommends to every public agency such as the Police or private such as collectivities and networks to publicize all of the data recording racist attacks and, at the same time, for obvious reasons, conceal names or other data regarding identity. Thus, transparency is safeguarded, further racist phenomena are averted, and more victims are encouraged to break their silence. 2. The approach adopted by the Police administration α. The disciplinary investigation into incidents during which racist behavior has been exhibited by police officers as reported by citizens, either directly or through the Greek Ombudsman The examination of the actual response of the Police to complaints the Greek Ombudsman received in 2012 with regard to unbefitting conduct of police officers possibly driven by racist (mostly ethnic/racial) motive, corroborates the picture of the delay in carrying out internal investigations, something which creates a sense of impunity. The superficial examination of incidents eventually reported to the Police, together with the cessation of the investigation as early as its preliminary stage, constitute a blow to the trustworthiness of disciplinary proceedings, to such a degree that, indeed, any investigation ends up being considered something of a pretext by the victims as well as by a great deal of citizens and organizations. Thus, the reluctance of victims to report racist behavior leveled against them is perpetuated since data confirm the victims’ conviction that they will not be vindicated. The Greek Ombudsman notes that the lack of trust the victims exhibit in the rule of law is directly related to the ineffectiveness of the mechanism protecting human rights and recommends that: the Police activate and process expeditiously and fully the disciplinary investigation of complaints lodged against police officers; the preliminary administrative investigation acquire its true character, that of collecting evidence; the investigation not remain pending for an excessively long period of time; the examination of all witnesses, the necessary impartiality, and providing full justification be the unswerving rule governing Police internal 3 procedures; the disciplinary investigation of complaints regarding alleged involvement of police officers in racist conduct and attacks be carried out without delay by the Internal